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meridian, forming the northeast corner of Solano, with exterior angle in Yolo; thence south, along line of Yolo, on said range line, two and seven-tenths miles, to the north line of Township Seven north, Mount Diablo base; thence east, nine and seventy-two one-hundredths chains, to northeast corner of said township; thence south, to the First Standard north, Mount Diablo base; thence east, on said standard line, to the center of Sutter Slough; thence down said slough to Merritt Slough, down Merritt Slough to the Sacramento River, down the Sacramento River about thirteen miles to Suisun Bay; thence down the bay, along the center of the main ship channel, in a westerly course, about eighteen miles, to the Straits of Carquinez; thence down the middle of said straits, and down San Pablo Bay, to the place of beginning. All these courses and lines being as shown by map and notes of William Wayne Fitch and E. H. Marshall, Surveyor and Deputy Surveyor of Solano County.

County seat-Fairfield.

Basis of section--Stats. 1851, p. 179; 1852, p. 236; 1853, p. 20; 1855, p. 77; 1857, p. 108; 1870, p. 294.

Solano County seat--located at Fairfield, Stats. 1874, p. 783.

MARIN.

3957. Beginning in the Pacific Ocean, at southwest corner of Sonoma; thence southeasterly along southern line of Sonoma, as established in Section 3955, to the mouth of Petaluma Creek; thence to common corner of Marin, Sonoma, Contra Costa, and Solano, in San Pablo Bay, as established in Section 3955; thence southerly along the western boundary of Contra Costa, in the Bay of San Pablo, to the middle of the Straits of San Pablo; thence southerly, in a direct line, to Invincible Rock, in the Bay of San Francisco, near the entrance of the Straits of San Pablo; thence, in a direct line, to northwestern point of Red Rock; thence southerly to the extreme southeasterly point of Angel Island; thence southwesterly to the extreme end of Point Cavallo at low water mark; thence on the line of low water mark along the northern shore of the bay to Point Bonita, and three miles into the Pacific Ocean, to the northwestern corner of San Francisco, as established in Section 3950; thence northwesterly by ocean shore to the place of beginning.

County seat-San Rafael.

Basis of section--Stats. 1851, p. 177; 1854, p. 121; 1860, p. 269; 1861, p. 351; 1868, p. 347.

NAPA.

3958. Beginning at southwestern corner, at a point in Huichica Creek where the said creek empties into San Pablo POL. CODE-53.

Bay; thence east to the mountains dividing Napa Valley from Suisun Valley, forming southeastern corner; thence northerly along the summit line of said mountains to its intersection with the First Standard North, Mount Diablo base, marked by a rock monument erected by Ralph Norris; thence east along said standard line seven and three-fourths miles to Vaca Mountains, which divide the Vaca and Suisun Valleys; thence northerly along the main ridge of said Vaca Mountains to Putah Creek, at a point called the Devil's Gate; thence northerly across said creek to and along the mountains dividing Berryessa Valley from Sacramento Valley to the southeast corner of Lake County on the western line of Yolo; thence westerly along the southern line of Lake, as established in Section 3917, to its intersection with the eastern line of Sonoma; thence southeasterly on said line of Sonoma to the western branch of the headwaters of the Huichica Creek; thence westerly to the main ridge that divides the Huichica Valley from the Sonoma Valley; thence southerly along the said dividing ridge to the tule bordering on San Pablo Bay; thence southerly to the center of the Huichica Creek; thence down said creek to its mouth, the place of beginning.

County seat-Napa City.

Basis of section--Stats. 1851, p. 178; 1852, p. 192; 1855, p. 77.

Northern boundary line of Napa County-adjoining Lake and Yolo counties, Act to define, Stats. 1872, p. 305.

CHAPTER II.

General Provisions Relating to Counties.

$3969. Surveys to definitely establish unsettled boundaries. $ 3970. Reports to Surveyor-General on disagreement of Supervisors.

§ 3971. Surveyor-General to determine boundary, thereupon, or to order new surveys.

$3972. Approved surveys to be conclusive.

$ 3973. Previous surveys validated. Their force as evidence. $ 3974. Apportionment of cost of survey. Provision for payment thereof.

$3975. Collection of old taxes when county is divided, or boundary

altered.

$3976. Petition for change of county seat.

$3977. Supervisors to order election.

$3978. Notice of election, etc. (Repealed.)

$3979. Election, notice of; how held and conducted.

$ 3980. Voter to vote for place he prefers.

3981. Notice of result.

3982. Place chosen, to be county seat.

3983. Statement of result deposited and notice transmitted. $3984. No second election to be held within four years. $3985. Subsequent removal of county seat.

3969. All common boundaries and common corners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely established by surveys jointly made by the surveyors of all the counties affected thereby, and approved by the Boards of Supervisors of such counties, or by a survey made by the Surveyor General, on application of the Board of Supervisors of any county affected thereby.

Boundary line of a county--reputation as proof of, 25 Cal. 554.

3970. If the first mode is adopted, and the Board of Supervisors do not agree upon and finally approve the survey, each Surveyor must make a report to the Surveyor General, with surveys, maps, notes, and explanations touching disputed points.

3971. Upon such reports the Surveyor General must finally determine and establish the common boundaries and corners, if he can collate a satisfactory description therefrom. If the reports are insufficient for such purpose, he must cause surveys to be made, and when approved by him the surveys establish such common boundaries and corners.

3972. All surveys finally approved under the provisions of this chapter are conclusive ascertainments of lines and corners included therein.

Conclusiveness of approved surveys-section followed as to boundary line between Sonoma and Napa counties, in Borel v. Boggs, December 28, 1880, 6 P. C. L. J. 972.

3973. All surveys and maps of boundary lines heretofore legally made and approved, are declared valid, and they are prima facie evidence of the establishment of such lines, except so far as they are inconsistent with the provisions of this Code. [Approved March 30; in effect July 6, 1874.]

Prima facie evidence--defined, Code Civ. Proc. § 1833.

3974. The cost of making such surveys must be apportioned equally among the counties interested, and the Board of Supervisors must audit the same, and the amounts must be paid out of the General County Fund.

3975. When a county is divided or the boundary is altered, all taxes levied before the division was made or boundary changed must be collected by the officers of and belong to the county in which the territory was situated before the division or change.

Formation of new county-Const. Cal. 1879, art. 11, § 3. Mode and requisites of, 32 Cal. 140. Effect on election of officers, 6 Cal. 76, 84; 32 Cal. 140.

County divided-and new county created: Probate Court of old county retained its jurisdiction, 21 Cal. 182; liability between old and new counties for indebtedness, and legislative powers regarding, 26 Cal. 641: 23 Cal. 449; now see Const. Cal. 1879, art. 11, § 3.

Division of county--see Desty's Const. Cal. 308.

3976. Whenever the inhabitants of any county of this State desire to remove the county seat of the county from the place where it is fixed by law or otherwise, they may present a petition to the Board of Supervisors of their county, praying such removal, and that an election be held to determine to what place such removal must be made.

Basis of section-Stats. 1850, p. 199; 1854, p. 198.

Removal of county seat--Mandamus to compel election for, not issued on application of elector who has no other interest in the matter, 45 Cal. 6: and will be denied when asked on the pleadings, if answer denies sufficiency of signatures to petition, 45 Cal. 395. Number of elections that may be held for, unlimited, after one where majority of votes cast for old county seat, 48 Cal. 158, 159; but now, only once in four years, by Const. Cal. 1879, art. 11, § 2. Petition for, must have requisite number of signatures, not transferred from another identical petition, 49 Cal. 565. Legislative power over, and its delegation, 5 Cal. 344; 8 Cal. 382. Contesting election for, 30 Cal. 325.

3977. If the petition is signed by qualified electors of the county, equal in number to at least three-fifths of all the votes

cast in the county at the last preceding general election, the Board must, at the next general election of county officers, submit the question of removal to the electors of the county. [In effect March 2, 1880.]

Before amendment 1880-proportion of signatures required was one-third instead of three-fifths, and there were provisions for time of ordering the election and for naming the day.

Signatures to the petition--denial in answer, that covered requisite proportion of qualified voters, prevents mandamus on pleadings, to compel election, 45 Cal. 395; where cut from another petition bearing identical heading, and pasted on to the one presented to make requisite number, Board has no authority to order election, 49 Cal. 565.

General election-question of removal to be submitted at, under Const. Cal. 1879, art. 11, & 2.

3978. Section thirty-nine hundred and seventy-eight of said Act is hereby repealed. [In effect March 2, 1880.]

3979. Notice of such election, clearly stating the object, shall be given, and the election must be held and conducted, and the returns made in all respects in the manner prescribed by law in regard to elections for county officers. [In effect March 2, 1880.]

Notice of election-special and different provision for, in repealed $ 3978.

3980. In voting on the question, each elector must vote for the place in the county which he prefers as the seat of justice, plainly designating it in his. ballot.

Basis of section--Stats. 1850, p. 199.

3981. When the returns have been received and compared, and the results ascertained by the Board, if two-thirds of all the legal votes cast by those voting on the proposition are in favor of any particular place, the Board must give notice of the result by posting notices thereof in all the election precincts in the county. [In effect March 2, 1830.]

Two-thirds of votes cast--required instead of majority, as before amdt. 1880, conforming to Const. Cal. 1879, art. 11, § 2.

Notice of result-given by publication also, before amdt. 1880.

3982. In the notice provided for in Section 3981, the place selected to be the county seat of the county must be so declared from a day specified in the notice not more than ninety days after the election. After the day named in the notice the place chosen is the county seat of the county.

Basis of section--Stats. 1850, p. 199; 1854, p. 198.

3983. Whenever any election has been held as provided for in the preceding sections of this chapter, the statement made by the Board of Supervisors, showing the result thereof,

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